Citation Nr: 0838519
Decision Date: 11/07/08 Archive Date: 11/18/08
DOCKET NO. 06-35 390 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama
THE ISSUE
Entitlement to an effective date earlier than January 7,
2002, and for the period May 1, 2002, to August 26, 2002, for
increased compensation based on adding a dependent child.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
Clifford R. Olson, Counsel
INTRODUCTION
The veteran served on active duty from November 1975 to
November 1979.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a decision by a Department of Veterans
Affairs (VA) Regional Office (RO). The veteran now resides
in the jurisdiction of the Montgomery, Alabama, VARO.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
On a VA form 9, Appeal to the Board of Veterans Appeals,
dated in November 2006, the veteran requested a Board hearing
at his local RO.
Accordingly, the case is REMANDED for the following action:
The agency of original jurisdiction
should determine if the veteran wants a
hearing in-person, or by video
conference and schedule the requested
Board hearing.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2008).
_________________________________________________
J. A. MARKEY
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2007).